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HomeMy WebLinkAbout07/23/2007 6:30 p.m. Pre-Meeting ;\~:'l~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Julv 23. 2007 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Julv 9.2007 PROCLAMATIONS AND CEREMONIES National Nite Out Business Awards Reception - Business Awards CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA Item 1. CONSENT AGENDA A. Approval of Bike and Pedestrian Route Master Plan. B. Approve Award of ITB-07-25 Police Evidence Locker Replacement in the Amount of $38,539.58. aIlY__. .. MIIImS. ' -.. ',,'. ". ". ., "., ..... .". -,' ,<.,,,', ""'" " .. ,", :,,' " " ,.. , .",", ... . , i' -" " " .. .', ,', " ", '. . -" " ,-'. , -' , , , ., .. . -, ,", , " ", i. .. CITY OF WHEAT RIDGE, COLORADO July 9. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Larry Schulz, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; Community Development Planner, Travis Crane; Senior Planner, Meredith Reckert; staff; and interested citizens. Council Member Sang was absent. APPROVAL OF MINUTES OF June 25. 2007 Motion by Council Member Gokey for approval of the Minutes of June 25, 2007; seconded by Council Member Schulz; carried 7-0. PROCLAMATIONS AND CEREMONIES Chris Olson, Englewood Public Safety Director and President of the Colorado Association of Chiefs of Police Board of Directors, presented Wheat Ridge Police Chief Dan Brennan with the Ralph Smith Professional Innovation Award and awarded Carrie Petersen the CACP Volunteer Award. Chief Brennan recognized the support of his staff and the City Council, whose work and dedication to innovative, customer service programs have made it possible for the City to earn this award. CITIZENS' RIGHT TO SPEAK Kim Stewart commended Julie Wazika of the Brown Dog School for her contributions to the business community of Wheat Ridge. Julie has organized an annual pet education and adoption event for the past five years. This year's event will be held Saturday, July 14th from 11 :00-3:00pm, at The Brown Dog School, 9900 W. 44th Ave. CITY COUNCIL MINUTES: July 9, 2007 Page -2- Item. 1. CONSENT AGENDA A. RESOLUTION 26-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 PUBLIC WORKS OPERATIONS BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $180,000 TO FUND OPERATING SUPPLIES AND VEHICLE FUEL B. RESOLUTION 27-2007 - A RESOLUTION APPROVING THE ADOPTION OF THE AMENDMENT TO THE CITY OF WHEAT RIDGE MONEY PURCHASE PENSION PLAN FOR DESIGNATED POLICE DEPARTMENT EMPLOYEES FOR THE PURPOSE OF CLARIFYING THE PARTICIPATION AND VESTING OF POLICE CHIEFS C. ACCEPTANCE OF 50TH AVENUE AND KIPLING STREET RIGHT-OF-WAY Motion by Council Member Stites to remove Consent Agenda Item B; seconded by Council Member Gokey; carried 7-0. Consent Agenda was introduced and read by Council Member Stites. Motion by Council Member Stites for approval of Consent Agenda Items A & C; seconded by Council Member Womble; carried 6-1, with Council Member Gokey voting No. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING, Item 2. COUNCIL BILL 13-2007 -AN ORDINANCE DESIGNATING A STRUCTURE LOCATED ON THE PROPERTY AT 9201 W. 44TH AVENUE AS A HISTORICAL LANDMARK (Case No. WHL 07-01) Mayor DiTullio opened the publiC hearing. Council Bill 13-2007 was introduced on second reading by Council Member Schulz who read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1394. Meredith Reckert, Senior Community Development Planner, presented the staff report. No citizens were present to speak on the item. Mayor DiTullio closed the public hearing. Motion by Council Member Schulz to approve Council Bill 13-2007 (Ordinance 1394) on second reading and that it take effect 15 days after final publication; seconded by Council Member Womble; carried 7-0. CITY COUNCIL MINUTES: July 9, 2007 Page -3- Item 3. COUNCIL BILL 16-2007 - AN ORDINANCE ADDING CODE OF LAWS SECTION 16-49; CONCERNING GRAFFITI. Mayor DiTullio opened the public hearing. Council Bill 16-2007 was introduced on second reading by Council Member Stites who read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1395. Police Chief Dan Brennan presented the staff report. Roger Loecher spoke in favor of this ordinance, stating that regulations on this issue aren't strong enough today and encouraged Council to impose stricter penalties. Rosey Fedorowicz spoke in favor of the ordinance, citing an on-going problem of graffiti on her business property on 38th Avenue. Mayor DiTullio closed the public hearing. Motion by Council Member Stites to approve Council Bill 16-2007 (Ordinance 1395) and that it take effect 15 days after final publication; seconded by Council Member Gokey; carried 7-0. Item 4. A REQUEST FOR AN AMENDMENT TO A FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 8300 WEST 38TH AVENUE (CASE NO. WZ-07-02/EXEMPLA) Mayor DiTullio opened the public hearing. Item 4 was introduced by Council Member Stites, who read the Executive Summary. Travis Crane, Community Development Planner, presented the staff report and a PowerPoint presentation outlining the proposal (attached to this packet). Everett Allen Davis, representing the property owners, spoke of the design and needs for the expansion and encouraged Council to approve the proposal. Rosey Fedorowicz, property owner on Balsam Street, has submitted a letter to staff and Council (included in this packet) and spoke in opposition to the proposal for the following reasons: the redesign will increase traffic volumes; the design will result in the removal of more than 23 mature trees that are now in the area where Lutheran Parkway will be realigned in the plan; the beautiful view that residents of the area enjoy to the South side of 38th Avenue will be replaced by parking lot views; that the west-bound cars lining up at the new Lutheran Parkway traffic light will greatly increase, impacting the residences in the area with increased noise and pollution. CITY COUNCIL MINUTES: July 9, 2007 Page -4- Todd Kareinbeck answered questions from Council regarding the construction impacts on the trees in the area. Mayor DiTullio closed the public hearing. Motion by Council Member Stites to approve Case No. WZ-07-02 for the following reasons: 1. The Final Development Plan meets the requirements listed in Section 26-306 of the Wheat Ridge Code of Laws. 2. The Final Development Plan meets the standards established in Chapter 26, Article III of the Wheat Ridge Code of Laws; Seconded by Council Member Womble; carried 7-0. Mayor DiTullio called for a break at 8:06pm, to resume at 8:19pm. Item 5. REQUESTS FOR APPROVAL OF LOT SIZE AND LOT WIDTH VARIANCES AND A SPECIAL USE PERMIT TO ALLOW EXPANSION OF A CATTERY WITH A WAIVER TO THE REQUIREMENT FOR RIGHT- OF-WAY DEDICATION AND PUBLIC IMPROVEMENTS ESCROW ON PROPERTY LOCATED AT 12410 W. 44TH AVENUE/4300 WRIGHT STREET (CASE NOS. WA-07-05 & SUP-07-03/CHRISTENSEN) Mayor DiTullio opened the public hearing. Item 5 was introduced by Council Member Schulz, who read the Executive Summary. Meredith Reckert, Senior Community Development Planner, presented the staff report and PowerPoint presentation outlining the proposal (attached to this packet). Robert Christensen, the business owner, spoke on behalf of the proposed developments and asked Council to approve the requested proposal. Allan Bright, resident on the portion of Wright Street adjoining the Cattery, spoke to the issues resulting from the unusually narrow right-of-way that exists there today and to the negative impact on their property values that would result from this proposal. Michael Grotty, home owner on Wright Street adjoining the site, spoke in opposition to the proposal, citing negative impacts to his property and encouraged Council to deny the proposal. Mayor DiTullio closed the public hearing. CITY COUNCIL MINUTES: July 9, 2007 Page -5- Variances for Lot Size and Lot Width Motion by Council Member Schulz to approve Case No. WA-07-05 for the following reasons: 1. If the variances are granted, the business could be expanded. 2. The existing pre-fabricated building which is currently an "eyesore" would be installed as a permanent structure. 3. Substantial investment in the property will occur as a result of the variances. 4. The hardship was created when the City modified the A-2 zone district regulations in 2001; Seconded by Council Member Berry; failed 4-3 with Council Members Stites, Berry and Schulz voting Yes. DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. RESOLUTION 15-2007: - A RESOLUTION AMENDING THE FISCAL Year 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR ADDITIONAL STUDY TO BE COMPLETED FOR THE WADSWORTH CORRIDOR SUBAREA PLAN IN AN AMOUNT NOT TO EXCEED $39,950.00. Resolution 15-2007 was introduced by Council Member Berry who read the executive summary. Louise Turner spoke in opposition to the resolution for the following reasons: it was not requested or desired by citizens and that Council should support the businesses that already exist in the area rather than support new business, and that there is no loss in postponing its consideration. Mrs. Turner encouraged Council to table the resolution indefinitely. Roger Loecher spoke in favor of a motion to ask the State what they want to do first, but not to specify width limits before the State considers its needs. Motion by Council Member Berry to indefinitely postpone City Council Resolution 15- 2007, a resolution amending the 2007 budget for funding of a Wadsworth Blvd traffic study by the City; seconded by Council Members Schulz and Stites; carried 6-1 with Council Member Womble voting No. Motion by Council Member Berry to rescind parts of the motion made on March 26, 2007 directing staff to refine the road design concepts and present them to Council prior to October 23, 2007, and directing staff to prepare an overlay zone to establish a build- to line; second by Council Member Rotola; carried 6-1, with Council Member Womble voting No. CITY COUNCIL MINUTES: July 9, 2007 Page -6- Motion by Council Member Berry: To direct the City Manager's Office to modify the draft Wadsworth Corridor Plan to read as follows: . Public road improvements along Wadsworth Blvd, within the plan area, shall not exceed 150 feet in width. . Language regarding the preferred alternative of a multi-way boulevard shall be amended to include the range of alternatives outlined in the Appendix: the multi- way boulevard, the modified 1999 template, and the asymmetrical boulevard. I Further move to direct that the City Manager's Office shall modify the architectural and Site Design Manual to change the overlay area designation along Wadsworth Blvd, within the plan area, from Contemporary to Traditional. Within the setback range established for the traditional overlay area, the City Manager's Office Shall set minimum and maximum building setbacks, so that the pedestrian features of the three Roadway Design Alternatives are preserved. I Further Move that prior to August 27, 2007, the Planning Commission shall hold at least one public hearing on the modified Wadsworth Corridor Plan and forward its final recommendations on the plan to City Council. I Further Move that on August 27,2007, in a public hearing, the City Council shall consider adoption of the modified Wadsworth Corridor Plan. Seconded by Council Member Adams; carried 6-1, with Council Member Womble voting No. ELECTED OFFICIALS' MATTERS City Clerk Michael Snow reminded citizens of a Candidate's Workshop taking place on Thursday, July 12 at 6:30pm in the Council Chambers. Mr. Stites expressed his condolences for Council Member Wanda Sang's husband Jerry, who recently had a stroke, and wished him a speedy recovery. Mr. Stites also reminded citizens, as always, to "find-it and buy-it" in Wheat Ridge. Mr. Schulz encouraged citizens to attend the Brown Dog pet adoption event taking place July 14th at Brown Dog School. Mr. Schulz thanked Council Member Berry and Mayor DiTullio and others for their continued hard work on finding an agreeable direction to the Wadsworth Corridor Subarea Plan developments. Mrs. Rotola reminded citizens of the August 9th District IV town meeting taking place at the Anderson Park Pavilion. Mrs. Rotola also informed citizens that the Community Pool should re-open soon. CITY COUNCIL MINUTES: July 9,2007 Page -7- Mr. Gokey expressed his wishes for Jerry Sang to get well soon. Mr. Gokey also expressed his apologies to residents of WR who have seen the City change from what it was so long ago and who struggle to accept the changes he feels must happen for the City to progress and remain economically successful. Mrs. Adams congratulated Chief Brennan on their Walk and Watch Program and informed citizens ofthe informational meeting on the program on July 18th, 6:30pm, at WRRC. Mrs. Adams also acknowledged the growing partnership with Olinger's and informed citizens of the tour of the trees on July 14th, 10am and also the August 18th Pipes and Drums concert at 3pm. Mrs. Adams also congratulated Lutheran hospital for their receipt of the American Stroke Association Achievement award and wished Jerry Sang a speedy recovery. Mr. Womble sent his condolences to Jerry Sang, and thanked everyone for their support for what he is going through right now; Mr. Womble also thanked and congratulated Mike Baran and the Carnation Festival committee for their continued support and hard work to make the festival a success. Ms. Berry invited citizens to two District I Issue Group meetings; one on July 19th, 7pm at the Senior Center for citizens in the area of Panorama Park to talk about issues in the management of the park; another on July 11th at City Hall for residents in the eastern end of the City between 26th & 29th Avenues who are experiencing flooding issues. Mayor DiTullio sent his best wishes to Jerry Sang. He also thanked City Manager, Randy Young and his staff for their productive meeting and ongoing progress working with Cabelas and the County Commissioners. Mayor DiTullio expressed that he prefers not to break ties on issues such as the Wadsworth Corridor Plan, being an important topic that he does not want to see City Council split on. Thus, he congratulated Council for their continued progress to find agreeable solutions to keep the Wadsworth Corridor Plan moving forward. Meeting adjourned at 9:26p.m. A~t:f1~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON July 23, 2007 BY A VOTE OF _ to _ Mike Stites, Mayor pro tem The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ITEM NO: \. A I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: TITLE: . July 23,2007 APPROVAL OF A BIKE AND PEDESTRIAN ROUTE MASTER PLAN D PUBLIC HEARING [gI BIDS/MOTIONS D RESOLUTIONS Quasi-Judicial: D ~L Director ofPublfc Works .EXECUTIVE SUMMARY: D ORDINANCES FOR 1ST READING (Date:) D ORDINANCES FOR 2ND READING [gI No ~......... ..................>..,~.............. . ," :_"', ._,..'-u.... .' ".' d,' .' _ ...',~' .' _ u_.', '" , ,. .' . '\lJo''"~ CIty Manager . A City Bike and Pedestrian Route Master Plan has been developed for use in planning development, re-development and capital improvement projects. The attached Plan incorporates input and suggestions provided by the City Council, the public and City Departments. COMMISSIONIBOARD RECOMMENDATION: The Planning Commission is expected to take action on the Bike and Pedestrian Plan at its July 19, 2007 meeting. Staffwill inform the City Council of the recommendation of the Planning Commission during the pre-meeting prior to the July 23,2007 City Council Meeting. STATEMENT OF THE ISSUES: The attached Bike and Pedestrian Master Plan has undergone many changes prompted by public input. There were five public meetings to solicit comments from residents, including the September 14, 2006 Town Hall Meeting, the May 15, 2007 Bike and Pedestrian Master Plan Open House, two district meetings and the Stevens Elementary School Bike Rodeo. The City Council has reviewed the Plan at two Study Sessions including the June 18, 2007 joint City CouncillPlanning Commission Study Session. It should be noted that the Master Plan identifies general routes for a bike and pedestrian transportation system. Details of the system (on-streetJoff-street facilities, attached/detached facilities, width and material) would be identified in a future phase of study. Staff recommends that additional planning be performed after a funding and implementation plan is established. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve the June 12,2007 City of Wheat Ridge Bike & Pedestrian Route Master Plan." or, "I move to deny approval of the June 12, 2007 City of Wheat Ridge Bike & Pedestrian Route Master Plan for the following reason( s): " Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Randy Young, City Manager Attachments: 1. Bike & Pedestrian Route Master Plan 070123 CAP BIKE PLAN 7-23-7,OOc ITEM NO: _Ii. R, - REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 23, 2007 TITLE: APPROVE AWARD OF ITB-07-25 POLICE EVIDENCE LOCKER REPLACEMENT IN TJ:lli AMOUNT OF $38,539.58 o PUBLIC HEARING I:8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes I:8J No fd::fl, :i:~:;- .~~,..~.~.: R~dyy;gg, Ci~Jwger EXECUTIVE SUMMARY: In 2004, the Property/Evidence Unit of the Wheat Ridge Police Department underwent an assessment and review. During the assessment, several deficiencies were identified. The evidence lockers and packaging were found to be below the national recommended standards for evidence rooms. These lockers are used by police personnel to store property/evidence when Property/Evidence Unit personnel are unavailable to secure evidence. The evidence wall, which houses the evidence lockers, needs to be replaced with a better design to provide more security for evidence and property submitted. Access into the unit is controlled and a dutch door provides access for police personnel with staff assigned to the unit. This door can easily be defeated and does not provide the necessary level of security. The countertop for the door is loose and needs to be replaced. The replacement of these items is essential in ensuring the security of evidence and to meet the standards recommended by the International Association of Property and Evidence (!APE) and the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) as reconunended in the 2005 Police Department Organizational Assessment. These national standards have been established to address issues of civil and criminal liability regarding security and accountability of evidence. . On June 26, 2007 one bid was received by Advanced Systems Plus Inc., Englewood, CO in the total amount of$38,539.58. Staff evaluated the bid for compliance and references were checked. Their bid is within budget and meets the requirements. Staffrecommends award to Advanced Systems Plus Inc. A contingency amount of$3,854.00 is requested. The total encumbered amount would be $42,393.58. The project was budgeted for in the 2007 budget process and funding for the project is available in account 30-610-800-811. COMMISSION/BOARD RECOMMENDATION: N/A STATE~ENT OF THE ISSUES: The current evidence lockers are below established standards. The replacement of the lockers will allow better use of the space. The replacement of the counter tops with stainless steel will prevent contamination of the work area and .provide for a more durable work space. Advanced Systems Plus Inc. has been in the business of selling evidence storage units for 18 years. They maintain a current knowledge of CALEA and IAPE standards. Advanced Systems Plus Inc. was the only company to provide a bid on this project. ALTERNATIVES CONSIDERED: 1. Do not.make the recommended changes to the Property/Evidence Unit. This alternative was not considered reasonable due to the age of the existing lockers; the need to meet national standards pertaining to property/evidence; and the need to provide the security necessary to ensure the chain- of-custody for property/evidence. 2. Approve the recommended changes which address the concems in providing security for property/evidence submitted to the Property/Evidence Unit and meet national standards pertaining to property/evidence. FINANCIAL IMPACT: Funding for this project has been budgeted and is encumbered in account 30-610-800-811. The balance in this encumbered account is $50,000. Advanced Systems Plus Inc. has indicated a project cost of$38,539.58. RECOMMENDED MOTION: "1 move to approve the award of ITB-07-25 Police Evidence Locker Replacement to Advanced Systems Plus Inc., of Englewood, Colorado in the total amount of $38,539.58 and a contingency amount of$3,854.00. Cost for this contract will be taken from account 30-610-800-811 in an amount not to exceed $50,000." or, "1 move to deny approval of the award ofITB-07-25 Police Evidence Locker Replacement, for the following reason(s): " Report Prepared by: Reviewed by: Sergeant Kevin Armstrong Division Commander Jim Lorentz Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheet 070723 ITB.{)7-25 CAF.doc .. .. CITY OF WHEAT RIDGE BID TABULATION BIDIPROPOSAL NO, ITB-07 -25 PROJECT: LOCKER REPLACEMENT/EVIDENCE BID DUE DATEfTlME 06/26/07 by 2:00 pm REQUESTING OEPT.fDlVISION POLICE EVIDENCE DIVISION VENDOR ADVANCED SPACE SYSTEMS CONCEPTS LOCATION I ijrmiS@jl&faml.@l'{~mgSJ7f;SBR\tIGESt"':.::~';~;~:':"""'" :"~~_-':.~~~~:~:,rf;:fj"~}~~~~m"~~~"f~~~:;t':&fft: ~~;r'~~'.~}::i ,;:(F , ^ I OPENED BY ...t:. Linda Trimble, Purchasing Agenld) I WNESSED BY /'i'\ J' ~fi lAP L-JL. h . ()/Il,J I PAGE-1.-0F! ' .~,,-. '.,,"' :;<":~ '"~~:.:;-'~!ffi'~'}':'''' ,.,>'----: i """ i',~-':, ;~?,:.' SIGNATURE PAGE ~-t. S ND ~\d LIST OF SUBCONTRACTORS L1-t S NON-COLLUSION AFFIDAVIT L\-t.S CONTRACTOR QUALIFICATION 1\-t'S v ILLEGAL ALIEN FORM ~ ~ oS BID FORM V\ 6 ..J TOTAL BID AMOUNT 3g,5.39.bi ACKNOWLEDGE ADDENDUM #1 \A 'f..- '=> c..J J:\ITB-07-25 Bid Tab Sheet.doc ITEM NO: _~1 . REQUEST FOR CITY COUNCIL ACTION ~ COUNCIL MEETING DATE: July 23, 2007 BILE: PUBLIC MEETING ON 2008 BUDGET o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi'Jlldicia1: 0 Yes [gj No {}~I D\lPl1tyCityMatlager City~~~ EXECUTIVE SUMMARY: City Staff is currently working on the 2008 Proposed Budget. The proposed budget is scheduled for submittal to City Council in early September for review. City Council is scheduled to meet throughout the summer to discuss staffing levels, programs, services and capital projects proposed by Staff. This public input meeting is intended to focus on 2008 citizen requests, wuuuents or suggestions. The public meeting is an informal opportunity for the public to provide input to the City Council on the City Budget. A first public meeting was held on June 25, 2007, a public hearing is scheduled for October 8, 2007 and adoption of the budget is scheduled for October 22,2007. This public meeting on the 2008 budget is an opportunity for City Council to continue to develop a strong partnership between city and community by allowing the public to be involved in the policy development process and to stay informed on City financial issues. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: Staff uses the strategic plan as a guide in preparing their annual department budgets. City Council's goals for the years 2006 through 2011 are: 1. Creating a sustainable city government 2. City prepared for growth and opportunities 3. Strong partnership between city, community and region 4. Better quality housing stock 5. Redevelopment of major corridors ALTERNATIVES CONSIDERED: City Council could consider not holding this public meeting on the 2008 budget. This is not rew......ended because City Council has set a goal of "Strong Partnership between City and Community" which calls for open and transparent City govemment, citizens well informed on finances, and public input on policy issues. FINANCIAL IMPACT: None . RECOMMENDED MOTION: None. Report Prepared by: Patrick Goff, Deputy City Manager (303-235-2805) Attachments: 1. None ITEM NO: 3, REQUEST FOR CITY COUNCIL ACTION ~ COUNCIL MEETING DATE: . July 23,2007 111LE: COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF Itlli WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE t8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: May 14, 2007) t8J ORDINANCES FOR 2ND READING Quasi-Judicial: D t8J Yes No ~~nrr- Ci~~~ EXECUTIVE SUMMARY: The existing sign code was adopted as a part of the overall zoning code rewrite in 2001. The Community Development Department has been working on revisions to the sign code since 2003. Attached is the ordinance repealing and re-enacting Article VII of Chapter 26. The maior changes proposed are: 1. Incorporation of charts for the Residential, Agriculture and Public Facilities Districts and Commercial, Industrial and Mixed Use districts to be more "user friendly". The charts include provisions for permitted signs, prohibited signs, signs exempt from permitting and specifications for size, height, number and setbacks. 2. Definitions have been added or modified. 3. New categories have been added including "rooms for rent" signs, menu reader board signs, canopy signs and changeable copy signs. 4. Other categories have been modified including the reduction of the amount of door and window signs allowed, reduction of setbacks for portable signs and projecting signs and modification of banner allowances. 5. Performance standards have been added which deal with lighting, sight distance and maintenance of signs. Adoption of this ordinance implements Council's goal of creating a strong partnership with the conununity. COMMISSIONIBOARD RECOMMENDATION: The Planning Commission's public hearings on this ordinance occurred on October 7, 2004 and January 20, 2005. ' STATEMENT OF THE ISSUES: Please note that the ordinance has been prepared to repeal and re-enact Article vn, Sections 26-701 through 26-71 O. This does not lend to doing bold and strike-throughs to show the changes. Changes proposed are designated with red-colored typeface. The changes proposed are intended to provide more flexibility for business owners while protecting the visual appearance of the City's conunercial areas. Provisions have been included to negate impacts to adjacent residential properties. At the last study session with City Council on this topic (April 2, 2007), consensus was given on the following items: 1. Increasing the time allowance for inflatables from one 30-day period (or two IS-day periods) to one 60-dayperiod (or two 30-day periods or four IS-day periods). 2. Keeping the existing regulations relative to non-conforming signs as amended by City Council last year. Another item of concern which was not addressed at the study session is the issue of portable signs. Under current regulations, a multi-tenant building can have a maximum of two portable signs set out near the street. This means that if there are more than two tenants in a building, the first two tenants to receive permits would meet the maximum. Business owners who cannot be issued sign permits for portables have complained that this regulation is inequitable. However, staffhas concern about how looseuing this standard would visually impact our commercial corridors. Staff has also included a provision that lighted signs be turned off one hour after the business which they are advertising is closed which has not been supported by the business community. The allowance for Master Sign Plans has been included back in the legislation. Subsequent to the first reading, written correspondence was submitted by Tom Abbott with conunentary on the proposed regulations. Staff has the following comments relative to his correspondence. 1. The sign code does not prohibit someone from displaying "art" on their business property. Murals are also allowed so long as they do not directly advertise the business in the building where they are painted. The mural on the west side of the Valente's Restaurant building is not considered a sign as it depicts an Italian countryside scene, not a restaurant serving Italian cuisine. 2 2. Icon type signage is permitted but the square footage is counted toward the sign square footage allowances. 3. The current regnlations for banners is vague as to when they can be put up and for how long they can be had. Banners have been addressed per staff's recommendation that each business is allowed one at any time. The size permitted is one-half of the wall signage allowance. 4. Home occupation signs are proposed to be permitted on arterial streets in the city. Staffis recommending that this provision be modified to allow home occupation signs in all areas. 5. Either moving signs can be allowed or not at all. Selective allowances for moving or flashing signs would be hard to administer and enforce. 6. Most city-sponsored signage is related to traffic control. Staff concludes that Public Works has rationale for the need for traffic control signage relating to the health, safety and welfare of the traveling public. An open house regarding the sign code was held on June 5, 2007. The public hearing regarding the sign code was continued from June 11 until July 23. Attached is correspondence from the Wheat Ridge Rotary Club regarding semi-public signs. In response to questious raised regarding certain types of signs and illumination required by other Front Range cities, staff has done additional research included as Attachment 6. Not all cities' sign codes addressed all categories of signage. Staff has included a recommendation for each category or issue under consideration. ALTERNATIVES CONSIDERED: 1. Do not approve the proposed legislation. 2. Modify existing proposed legislation. FINANCIAL IMPACT: There is no direct financial impact to the City as a result of adopting this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 06-2007 on second reading, and that it take effect 15 days after final publication with the following conditions: ' 1. The provision for campaign signs be modified requiring removal within seven days of an election. (/fit is appropriate to allow each business to have a portable (temporary) sign, add #2 below to your motion.) 2. The provisions for portable (temporary) signs be modified so that each business can have one. 3 (If it is appropriate to eliminate the requirement for all signs to have a light copy on a dark background, add #3 below to your motion). 3. The provision that all signs have light copy on a dark background be eliminated. (If it is appropriate to eliminate the requirement for illuminated signs to be turned off one hour after business closure, add #4 below to your motion). 4. The provision that all illuminated signs be turned off one hour after business closure be eliminated. (If it is appropriate to increase the number of permitted semi-public signs, add #5 below to your motion). 5. The number of semi-public signs per organization be increased from 2 to 3. (If it is appropriate to allow home occupation signs regardless of location, add #6 below to your motion). 6. Home occupation signs be permitted for all locations in the city." Or, "1 move to table indefinitely Council Bill 06-2007, and thereby deny Case No. ZOA-03-18, an ordinance amending Chapter 26 pertaining to sign code." Report Prepared by; Meredith Reckert Reviewed by: Alan White Attachments: 1. Council Bill 06-2007 2. October 7, 2004 Planning Commission minutes 3. January 20, 2005 Planning Commission minutes 4. Abbott letter dated April 1 , 2007 5. Wheat Ridge Rotary letter dated June 5, 2007 6. Staff memo dated July 11, 2007 4 -INTRODUCED BY COUNCIL MEMBER Council Bill No. 06-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE REPEALING AND RE-ENACTING ARTICLE vn OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the regulation of signs; WHEREAS, the City has identified changes which will improve the readability and understanding of the sign code; WHEREAS, commercial signage is prominently displayed along the city's most traveled streets; WHEREAS, the City of Wheat Ridge is concerned about the negative affects of exterior lighting and its affects on adjacent properties; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Article VII of Chapter 26, Sections 26-701 through 26-710, of the Wheat Ridge Code of Laws is hereby repealed and reenacted as follows: Section 26-701. Intent and purpose. The intent and purpose of this article is: A. To protect the public from signs which are structurally unsafe; B. To promote traffic safety and the free movement of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; C. To facilitate easy, safe and pleasant communication between people and their surroundings; . D. To conserve the character and economic value of buildings and neighborhoods; ATTACHMENT 1 1 E. To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, and to provide a sense of balance or Ihul'u.;ion between a sign and the building or property which it serves; F. To encourage the erection of signs which are legible in their surroundings, compatible with the visual character of the surrounding area, "'l'l'Wl'.~ate to the activities identified; a1id G. To ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutioually gnaranteed right of free speech. H. It is not the intent of these regulations to prohibit or unreasonably regulate or to require permits for the legitimate display of traditional holiday season decorations; provided, however, that such decorations or displays are installed and maintained in a safe manner. Section 26-702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. Awning. A movable shelter supported entirely from the exterior wall of a building and/or a type which can be retracted against the face of the supporting building. Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any sign in excess offifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same 1'.ul'....;Y as the sign. 2 Building front. The exterior wall(s) of a building facing a public street or streets or other public right-of-way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof-like structure serving the purpose of protecting vehicles and/or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Changeable copy sign. A sign, either illuminated or nouilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts ofland which are held in single or common ownership and which exist as a distinct functional entity. Multi-use and multi-tenant buildings and multiple building complexes which are held in singular or common ownership, either by individnal, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self-supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Illuminated sign. A sign that is illuminated with constant intensities oflight of a non-varying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. Lighting which illuminates the front of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within 3 or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall-type sign, not located within public street right-of-way, which gives necessary direction or non-advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A Cum!,""'! logo or name no larger than one (1) square foot may be included on each such permitted sign. Lot. Atract, building site, parcel or portion ofland separated from other parcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use. Major interior drive. A drive aisle located on private property which counects two (2) public streets or provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off !',.......ises sign. Any sign, fifty (50) square feet or smaller, which advertises or directs attention to a business, w,......odity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located. Public and semi-public signs are not considered off-premises signs. Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise, announce,. declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment right of free speech. Portable sign. Any sign which is supported by one (I) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (IS) inches. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. 4 Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal,. conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only uused for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (Le., freestanding, projecting, A-frame or pedestal signs) are allowed the maximum square footage for each side for double-faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double-faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period oftime. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. 5 Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. Section 26-703. Enforcement and penalties. EnL."...~ent and penalties shall be in accordance with those provisions set forth in article X. In addition to any remedies set forth in section 26-1004 et seq., specific authority is granted to the enforcement officer to remove, or have removed, the following signs after posting of a notice at least twenty-four (24) hours prior to removal upon the premises where such sign(s) is located: B. Unsafe signs. A. Signs which are prohibited pursuant to the residential/agriculture/public facilities and commercial/industrial/mixed use sign standard charts. Section 26-704. Contractor's license required. A. No person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder of a currently valid, city sign contractor's license, except for those signs exempt from pennit. B. The city shall have the power to suspend or revoke the license of any holder of a sign license issued pursuant to this article, in accordance with the provisions as set forth in the building code. (See chapter 5 of this Code of Laws for related provisions.) Section 26-705. Permit required. A. No sign or modification to an existing sign shall be erected, placed or displayed outdoors within the city limits until a pennit for such sign has been issued by the city, unless such sign is exempt from a permit in accordance with this sign code. B. An application, accompanied by a" to scale" drawing, for each separate sign pennit shall be made to the department of community development on a form supplied by the d"l''''';''uent. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or located; the name, phone number and address of the owner of the property; the size, height, type and general description of such pov.l'v,ed sign, including the materials of which it is constructed, the sign contractor's name, phone number and address and such other pertinent information required or deemed necessary by the department to determine the sign's safety and conformance to this article. A "to scale" plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign pennit does 6 not assure that a pennit will be issued; therefore, it is advised that signs not be fabricated, constructed or purchased prior to issuance of a sign permit. C. Fees for the erection of signs shall be established and set forth in Appendix A. Pennit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations: Section 26-706. Non-conforming signs. A. Nonconforming signs. A lawful sign existing on the effective date of the ordinance from which this article is derived may be continued, although such sign does not conform to the provisions of this article, subject to the following provisions: 1. Relocation, or replacement of a nonconforming sign is not pennitted unless such sign is brought into cuufuuuance with this article. Enlargement or extension of a nonconfonning sign is pennitted so long as the nonconfonnity is not increased. Rebuilding or reconstructing a nonconforming sign is pennitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. 2. In the event the use of a nonconforming sign is discontinued for a period of sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provisions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month period of nonuse prior to requiring full compliance with these regulations. 3. A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth due to natural causes may not be reconstructed except in accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by vandalism may be rebuilt to its original state within six (6) months or otherwise it must be reconstructed in conformance with this article. 4. Normal mainteuance which does not require modification of the sign structure, supports or members shall be pennitted. A face change is considered normal maintenance. 5. In order to provide an incentive for removal of noncollforming signs, pennit fees and city use tax will be waived where a nonconforming sign is removed and replaced by a sign conforming with these regulations. B. Discontinued business, etc. Whenever a use ofland and/or building using an identification sign is discontinued, except for seasonal uses pursuant to subsection A.2., above, the sign shall be removed or obscured by the person owning the property within thirty (30) days after the discontinuance of such use. Any such sign which is 7 nonconforming to these regulations and which is not used to advertise an active business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. Section. 26-707. General provisions/perlormance standards. A. Sight distance triangle l. No sign is allowed which would violate the sight distance triangle requirements of section 26-603B. 2. At signalized intersections, where both streets are collectors and/or arterial, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs 1. All signs allowed by this article, except billboards, public signs, and semipublic signs shall be located on the lot which they advertise. C. Streets and rights-of-way I. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right-of-way, with the exception of signs on bus benches and shelters pursuant to article N of chapter 21, and public, semi-public, traffic and regulatory signs. 3. No sign is allowed which may be construed as a traffic sign or signal or which may be confusing to motorists or mistaken as a traffic signal. 4. Where it is difficult to determine the pubic right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. . S. Attachment of any sign to utility poles or other poles or structures within public right-of-way is prohibited, except as approved by City Council pursuant to this article. 6. Temporary signs found by an enforcement officer to be located within city right-of-way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. 8 D. Ink.~i~J.~llce 1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference. 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. E. Compliance with building codes 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fue escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structura1ly unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display 1. Notwithstanding the provisions of Section 26-631, any merchandise dis- played outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. Ibis shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. G. lllumination 1. All illuminated signage shall comply with Section 26-503 of the zoning and development code. 2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally. 9 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, skyglowand light pollution. 5. Internally lighted signs with white or light-colored backgrounds, with or without sign copy are prohibited. 6. All lighted signs shall be turned off one-hour after the business which they are advertising is closed. H. Maintenance I. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. J. Removal or reconstruction of dangerous signs. I. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. Section 26-708. Miscellaneous provisions. A. Building addresses I. House or building address number signs shall be consistent with Section 26-419 C. - E. of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, Article IV, Section 21-124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, Article IV, Section 21-151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet persface. C. Freestanding signs - Commercial, Industrial and Mixed Use zone districts 10 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the formulas shown in Section 26-708.C.5. In addition, the sign area allowed may be transferred from one (1) sign to another; provided, that no freestanding sign shall exceed four hundred (400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double-faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)* TABLE INSET: Floor Area of Building Single Use Development Multiple Use Development 0--1,500 s.f. 35 s.t: 60s.f. 1,501--5,000 s.f. 35 s.f.plus 1 s.f. per each additional 50 s.f. of floor area over 1,501. 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. 5,001--50,000 s.t: 100 s.t: plus 1 s.f. per each additional 500 s.f. of floor area over 5,001. 50 s.f. of 150 s.f. plus I s.f. per each 300 s.f. of floor area over 5,001. Over 50,001 s.t: 190 s.f. plus 1 s.f. per each additional 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. 300 s:f. plus 1 s.f. per each additional 1,000 s.t: of floor area over 50,001 up to a maximum size of 400 s.f. 11 *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive-thru canopies cannot be applied toward the freestanding sign allowance. D. districts Freestanding signs - Residential, Agriculture and Public Facilities zone I. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed, as defined in Section 26-708.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double-faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. E. Master Sign Plan I. The planning commission may "'YY.V .'e a master sign plan for any existing or y<vpvsed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent and purpose is to encourage well-planned and designed signage within a large multiple building or multiple use complex which expresses unification and in;"...."';;on by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well-designed plans additional signs and/or up to a fifty (50) percent increase in maximum square footage for each sign, and/or may permit signs in locatious other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. Once "yy<" led at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in Section 26-109. 12 Section 26-709. Residential, Agriculture and Public Facilities zone districts sign standards chart. ,. SEE CHART NO.1 Section 26-710. Commercial, Industrial and Mixed Use zone districts sign standards chart. SEE CHART NO.2 Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. -I -i Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Suoersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o in this 14th day of May .2007, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on fmal passage set for June 11 .2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote oJ; to . this day of . 2007. 13 SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk 1 ST publication: May 17. 2007 2nd publication: . Wheat Ridge Transcript Effective Date: day of JERRY DITULLIO, MAYOR ,2007. APPROVED AS TO FORM BY CITY ATTORNEY GERAlDDAHL, CITY ATTORNEY 14 " 1 p.r str.ot "5 teet troll' $ny The tlll\O I""..bttween tho cb$nllo in Ne5 }Il$..ill\\lll\ oi~}. Sq\l$ro t..t p.r ~proP'rtY lin' \infOr"",tlOn sball not b' I"S tban 15 ..conds. \siIlO' 1'Aa..ill\\lll\ beillbt 1 fe.t for r" Not perll\itted for resldentl$1 \lses. all resldenti$1 zon'" no 1l\0r' tb$n "per d""eloPll\.nt I p",stteet 5 feet frolll Not perlOitted {or sln~' {$nUly $nd ~... 5. t'roestaid\l1g \es \~ \fr~' anY ptopet\Y line i'JIll\\lY dOW.lllng.. l.'ennittod orllY for public ilnA sew-pub\\C s\f!;tlS b, Qff-PrenrlsesSigns \0 ond bl\\boardS. 1 J.ler Street 'Mustbe ~a Not J.lerndtted for single far!lily and ~o-far!lilY :'l~' 6 square feet -per side J.l"" sign. tninilnulll of~ d",.\lings. A_froS!le or pedestol srIle only. ,7.J>ortllble \~ r~~ ]:v1ust be """bOred to the ground or welg)lted 5 {..t froll\ anY more tnan " J.l'" street tiiY't-of-Wl'Y su!1\cientlY to J.lr""ent Illovement by wind. . dev.lO~t. line if fN'i/36 inch~ ]:v1ust onlY be diSP\t.)'ed dUring n()tllll'1 hOurs or " feet if QU<lef 36 of operation. ~y b' lOcated on $ sldOW$I\I. inch~ or I'ss in provided tb$t $d.qU$te cl.-ranee e..is\8 to Ib.lgb\. ll\'ot ADA ro,\\llr.....n\8. 1'Aust he displayed onl'\' on thO pr'lOis' being $dv.rtls.d. - - \ - INt) i _,_~ r;ha(t T7\:';Tc'~t'f~1I' I~i.! R!! _iB~I:~i~~'~ _\1111~il~r~~~m~~~~N'f$;"';!; ..I?~~'", '( 9. Public and Semi- Public Signs Yes Yes 6 square feet per sign 10. Residential Subdivision Identification Signs Yes Yes Not to exceed 20 square feet in area or 6 feet in height II. Temp01'llly Subcateilories: a. Balloons or other Yes inflatable devices Yes Balloons and required tethers cannot exceed a height of 35' measured from existing grade. b. Banners Yes No ResidentiallAgricullural/PF Zones Sign Chart 2 per organization or attraction I per street frontage 'fo he determined hy the Community Development Director Monument-type signs must be set back on the property a minimum oflO feet, unless incorporated into a traffic island entrance, then 25 feet back from face of street curb and 3 feet from edge of traffic island. I time per year None for up to ;G 60 days, or 2 times per year for up to ~ 30 days each time, or 4 times per year for up to 15 days each time. 1 per use per activity N/A . ,','. , May be located off-premises with approval of property owner and Community Development Director. May he located in r-o-w with approval ofPuhlic Works Director. Monument, fence, or wall-incorporated only. Fence or wall incorporated type signs may be placed parallel with and at property line following the same height and sight distance requirements as for a wall or fence. Not permitted for single family and two- family dwellings. Pennitted only to advertise special events and sales. Shall be securely anchored or attached so as to prevent dislocation, entanglement or encroachment onto adjacent ~,"~_.~es or public streets, or undue hazard to motorists or pedestrians. Roof-mounting is permitted. Not pennitted for single family and two- family dwellings. PeRflHted eRI)' 1a Bfi.r:eHise Sfleoial e','ellls aad oale" Shall be securely anchored or attached so as to prevent dislocation, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. May be placed upon a building wall but shall not be attached to fencing, landscaping, freestanding IPosts or utility poles. Banners may be placed 2 TVf"'OF'b _,i:\il!l'lil'l,\I.'l\'l\<ll0W' ":,>,>:,;,~(,..,~~",~'t.,,t.'<-~,,:,:,,;,tilll,r*-"'F ~ if~~~~'Ii~f :\'i~:; -. :-. ;,."t:;:-Xl~.;?j~ ~&~i;:._I<<~l4~i c. Construction Signs Yes d Pennants, streamers Yes and similar devices e. Real Estate Signs Yes f. Temporary Model Yes Home Signs 12. Wall or Painted Yes I' l'~RMJ:ml!I.. '&II'" . , . " ,~JZE:f~Il'\!fjl'):t;rf,'''' '.....t.Y.._IM1!lI. ';\1!ll!l~'. >!o'MI<",',-"",\;!IJIR1l:MENTS"':"''','', """'."1.:'"""",,,, ~ ~] 1!1t~~t~~'Wf, ,~', _' _, 'l, ''i(.~~~w'~~~''tlf#.:':-'~~~.f~ !J..W~~~'A.Jf:1!t@~ -:;. ". ,,,:. '.:- ~1f;'~\Ii>:; WL\~;;%ft"";q;"~~~....,,..~ Y.:;.'~'!'-":~~':")'~","''\'.''.'(Vr'~i_';::'':' 'I'''"'''.:':-.-''_-'..'~' "'.'. :- ':~ ", ~ ";'.,~. ,.,..". ., , ,"" o}" ~.llli\;lUlRE 0 $1'- '" ':;P:ERsrGN~J;J;ff~lri~'(WP~[:,::~)~,~ .L~ \.JMBE.R~;~"'~r~~:~i~l' SETlt~';K~;~~~~)%f~:,~tr, ,~;fi\*~:~::,::{~~M::Tf.:J'~;:{f;\:;~:~:;~-:;:, ",'_',;}. only on walls facing a public street or major interior drive. No Sball not exceed 32 square feet Shall not exceed 84'eel7 feet in height Yes None No 9 square feet for one and two. family dwelling residential uses, 50 square feet for multifamil-: all other uses. Yes Not to exceed 12 square feet each. Not ovet &4'ee! 7 feet in height if a freestanding type. Yes No larger than 1 square foot for every linear foot of the side of the building to which it is affixed. Signs affixed to _.hed or etetaekeet eatl8f1ies &Bet marquees or awnings sha1I be considered wall signs and shall be calculated based upon the length of the wall ResidentiaVAgriculturallPF Zones Sign Chart 1 per street 5 feet frontage allowed between the time a building pennit is issued and a certificate of occupancy is obtained or any number of signs which are necessary for safety on the premises. ~f'O~" o:ga.s as pefRlKteet ooeter seeRen 2' 7Q9 L. Shall not be illuminated. Must be located on the property where active construction work is occuring. 1 time pet year None for up to W60 days, or 2 times per year for up to ~ 30 days each time, or 4 times per year for up to 15 days each time. Not pennitted for single family and two. family dwellings. Pennitted only to advertise special events and sales. Shall be securely anchored or attached so as to prevent dislocation, entanglement, or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. 1 per street frontage allowed 5 feet 1 pet model home 5 feet Shall not be illuminated, Must be located on the property being advertised. 1 per street front N/A or major interior drive pet activity Not permitted for single family and two. family dwellings. For uses which have a rear entry or delivery door, I nonilluminated wall sign per use. 3 ~E'OE'" ,~<,0,'(i!;1 r~~,'~',"~_ e;,,"t 'i'-g:~,~ ~,:'_"J:?~~'&~~'l' ~.,,_:~_l:""";:::" :,:~.,,:j:,::E~'f';?~~ ,$"'" \ \ to which they are attaChed or adjacent to. For buildings with flat roofs, wlln signs shall not extend above the top of parapet or mlll\SllTd, and ifplsced upon a pOfllllCl or mansard. shall not extend more than 3 feet above the deck line. 13. MiscellanCOJl,' - L r .. ArtIs/c Mura13 Dr Yes sculptureS \~o -\N:;- b, Barber Shop Poles .NO \ c, Flags (city, state. 'Yes natlonol only). placards. ~ badges. insignias. or similar devices of any' governmental agency or civicl"charitab1e. religiOUS. patriotic. \ political. fraternal or similar nonprofit organization. ,NO - ,- -- d. Flashing Signs and No Search Lights \ - ---- .- e. Historic plaques. Yes NO cornerstones, erected by the city or historico1 agencies designating an area or property of local, historical importance ]: Honte OCCJtpatlon Yes, as Yes Signs {accessOry to Flagpole cannot exceed 35 feet in height. \ -- - Shall not exceed 3 square feel in size. ~ Maximum of 2 square feet in size. I _ _ _,~_~....\It>.Qricu\turaVPF Zones Sign Chart NoUmit \ - . None 1 ~one flagpole must meet setback req1)irelllellts of the zone district in which they are constrUcted. None 1 per home occupation None 5' if rr....llInding ~li\1!'l,T:TI1>....,..EN'fs:'r,:--: ,ST" "E!':::')"':" ""''''\ Y)~~\::-f",.,~""rM~t>'!~. .,_,' ,.-.""". ..,.- 'c' ,..,.. ' '\(:f2:!i.~;.j-!'j1'2;';.&'" .. .. ..... ,'. 'j , ~ - ,~ - -- Shan Rot advertise or promote a particular business, service or "branded" prodUCt. A eompany, firm, association, society, etc., togo 's not considered within the scope of this definition and is cpnsidered a sign. - Allowed when located on their own premise. or displayed along any march or paro.de route or in socketS along artY street during a fund- raising drive or other similar special evenl. Any such devices to be placed within public right-of-way may only be approved by city council. - .--- ---- Allowable provided that such designations are in accordance with article IX of the Zoning and Development Code. , \May be free'llInding or wall mounted. Allowed only OR properties located on arterial 4 ~~OFi~' - ::';., " -"F~y;.),r);!~~~ ,...:..;.;.. g.House or building 'l es address number signs -No It. l>!formatiOnal Signs ,Yes Accessory to the Primary Use I, political Ca;pi:iign Yes \ Signs \ 'r- - j. "Ro(1l1l for Rent"'Y es Sign k; RoDj'Signs \NO .. - I, Temporary Yes litcoraliOIlS or displays when such are clearly associated with any national, \ local or religiOUS holida)' or celebration \ - -- .... TraffiC control or \' eS RegulatOr)! SIgns n. lJT.hs.d~J sjrsrllaing ,Yes ~ VehIcle slgnage o. WindoW or DOOr-\yes Signs \~..~l~".. ;i~ ".c',., '-'-' ~ - \,/"- rOli1llit - IN/A . - No \4 square feet per side. If freestanding, sholl not exceed 36 inches in height ifwilhin a required sight dislllllce triangle, or 4R inches where outside of a . sight dislllllce triangle. If an organization logo is incorporated .\ into the sign, the logo shall not exceed 1 square foot in size. . .- - ~ r ,-...-.-... SIZe per SIgn. - . No :1. square feet NiA -e~tthe prOVisions of Chapter 26, , Article lV, Sec. 26-419C. - .- _.---- (Le. "restrnOlllS," "no smoking," "wheel chair entrancelfl etc.), or directional (Le. "in," llout:' "ramp," "drlv",t\lrU," etc.). May be wall, roaunted. freeslllllding or atlllChed to other ,j;'eeslllllding signs or canopies, but shall not be counted against the allowable size of another type of permitted sign. May be illuminated by intemallight only~ \_m..g \;1'0. \ - ~ ISball not be located in public right.of.way or \"n munieipally owned property. . Must be on tbe property for which it is advertising. None \ ~N.o iimit None 1 pcr vacant unit -' \NO limit No ~-olintit \ - No limit -Nolimit No No }lone fone r --' - - Sign shall not oustrnct roore tbl1n .Q ~eree~'tS percent of the door or window...... NIA , ...._"Anit"ultUraIlPF Zones Sign Chart None _ i - -----None \ rne r~ As required by regulation Or$ti>tute orthe federal, state or municipal government. \ - - Allowed only for currently licensed, operative .vehicles. Banners or temporary signs attached to vehicles are not allowed. ,pertnittOd even it it is viSable froro outdoors. Those signs which advertise tempOrary uses such tIS tufllOloge soles, gorage soles and open rA 5 "'ff~~~ ~{ ~... o 7- ..'"'~ ;..~= "'t:.~~ ~~ ..'" "'.. == =~ ~~ ,;. CD -t:: ~ <: , . 1 o 7- ..~ .~ "" to .. ~~ "" % u 1il ." o ... *Note: Sections with recommended chanJ!es are shaded in red TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C-l, C-2, I) ~EW~SIGN!i~~f~1!1 AIlIJ.'OW;ti'cDj!!' . """,.,,1l1il>l!\!i M;H"'_']M;S'ZRl',(Nl)~\\\~\~ ~ll1ifr:\'l'ill~' . . lMJ1l\f,\~1!"~t1@ OTHER2REQUIREMENTSj,,"'; j~~r"f,~~~~;!t)~f'W<'r~,;:~t~~~f\~:';~i";\\:$'~':r}1it:~!i'~\~Y' ~~t1.~Ja~~ijtl:1[<SI~'~'*~~S'I~'~" 1N";"'l:#~(i(l!\%~ ''Ii ~~? ~,~~~f:\: '*,l;X'~~"i$l,i'<-il''''S''~!I~%i';~~;:~~;J !":~;10' '~Y"~.'J;."~'1,~!,ftif]'4t~l,?:r.'1f'\;f ,-1~'Y'Ff.~~~~"t~~''';i':'j",;:';'.;~;~r,:r,~ :,,: ,- 'i~,.:,~ ," ;' :;':;-"'~';,!"~';2.""_,,<;}'::.'" "'.,",):.': ~-':':~, ;:;r:,;},,~~:!:}"\,r:.',j~~' RE\lULKED:.;: D...Il41u-n .l>r .r.,J.'\.. . G ~,~~~t~t.!g~'.i~~~}~,?'~~(k;~~: NUMBJ1R~:)3'r~;;):L{;R S TDA.CK'}i.~;:;,<;;i;'.,:/,";;~f,t'!;:~"::',:~,,0i~':::':-;,'~(~';t?'-,~:~. ;r:L,f' -- , 1. Animated No 2. Arcade Yes CHAac:T 2 I Section 26.710 Yes 4 square feet fef-B<.~.):C:.v....';':..a- tiSe5, Shall not extend above the bottom of eave, balcony, canopy, awning or other structural overhang or passageway to which it is affixed. Minimum height 7 feet above street frontage or sidewalk level. 3. Canopy Yes Yes May use up to 50% of tbe allowed wall sign allocation for canopies. 4. Changeable Copy Yes Yes Must follow the freestanding and wall signage size and height regulations. S. Freestanding Yes Yes Based on table in Section 26-708. SO feet maximum height allowed for retail and service businesses within 1/4 mile from property line of an interstate highway thaHlfe- eaeRteel te the iRteFState 1Hgh.;;ay measured from the prope~ line. Any other permitted freestanding sign shall not exceed IS feet in height 6. Off-Premises Signs No Commercial/Industrial/Mixed Use Zones Sign Chart . 1 per l>lHIEIiag eAtmaee business N/A 1 per street N/A frontage or major interior drive 1 per street frontage, but no more than 2 per development. I per street frontage, not to exceed 2 per development, e:nBBflt as may tie p"""ilted By a master sign plea lHifsaant te seelio. 2~ 71 Q. 5 feet from any property line if freestanding, N/A if wall signage. 10 feet where adjacent to residentially zoned properties; fle ~~::::~~:i:ftef eases ,'\itk ether 141aa FesieleBtial (i.eluEiiagPRD) i!<lIHBg. 5 feet from street right-of-way ifunder 7 feet in height, 10 feet for signs7to~ IS feet high, and 30 feet for signs over ~ IS feet high. ~:;<-'-'.:;': ';:l?~:~:r~':\ ~:!: ':; '-',. ','."" ~".-'" Can extend into ri6:~" ~:. ,I, -M',/ with an approved rigbt-of-way permit. The time lapse between the change in information shall not be less than 15 seconds. Permitted only for public and semi-public signs 1 1lt,m1l1!;- ,~~\l!!N'1'($\r '--:--:_li-'f}';/I'::::5'!~~:t.~''-: :'::i;':f,'-:'(~~, - '~ 7. Portable-- - \Yes Yes \ Yes - Yes \s.l'rojectinS \ 19. Public and Semi- Public Signs 'yes '10. Residential \Subdivision Identification Signs r 11. ':!'en1porar)f ,51'heM,ooriel\; ]- a. Balloons or other Yes inflatable device. - b. Banner' ,Yes No \- y';'s - .. .-- 1 square foot for each 1 foot of ,height of the building wall to which the sign is to be attaChed. MaximUlIl heiglrt, top of wall or parapet; not to he roof mounted. \~nniJnum height, 7 feet from \street frontage or sidewalk. "5 square reet per sign - - ':1';:~~liilt(if\,,;'~~!:';' 4 "i\ 1 per street . frontage per business -- '--- - - lMust he gethack a A-fnlllli' or pedestal stYle only. Must be \roiniroUlIl of ~ achored to the ground or weighted sufficiently 5 feet from any to prevent movement hy wind. Must only be street right-of-way displayed during normal hours of operation. line if _ 36 inches May be located on a sidewalk provi"ed that or 2 feet if\lB<lef 36 adequate clearance exists to meet ADA inches or less in requirements. Must be displayed only on the \height. premise being advertised. ~M,;y extend into ~Ojecting and wall sign not permissa1>le on the right-of-way SllIlle walL MaxiroUlIl projection 10 reet-aad; with an approved ill 1lIl')' .":'B'; lUlt vlitllin 19 fest af\ha ~rapeAy right-of-way permit. line ar street R"M af ','/O'f. - ~per organiZation or attraction To be determined May be located off-premises With approv01 of by tbe Community propertY owner and community Development Development Director. May be located in r-e-w with llirector !pprOVal ofPubnc Works Direetor. ~ - - -- Balloons and required tethers cannot exceed the maximum permitted building height for the zone district in which they are located measured from existing lI,rade. r Total sim-for any singl;<;'r \combined btlllllers aflD<ed to a wall bosed on on. half (112) tbe . __.^I~\l\nrlustria\lMil(ed Use Zones Sign Chart - I- I time per yeer \NOne for up to 3G 60 '<lays, or 2 times per yeer for up to 1ft 30 days each time, or 4 times per year for np to 15 days each time, - 1 per bUSiness1N1A (r activity -- .--:-- -- Permitted only to advertise special events and sales. shall be securely anchored or attached . sO as to prevent dislocatiOn. entanglement or encroae\llllent onto edjacent properties or public srreets. or undue hazard to motorists or \ledestrillnS. Roof mounting is permitted. - 2 c. Construction Signs Yes No Shall not exceed 32 square feet. Shall not exceed 8-feel 7 feet in height. d. Pennants, streamers Yes and similar devices Yes None e. Real Estate Signs Yes No 50 square feet f Tempo<ary Model No Home Signs 12, Wall or Painted Yes No larger than I square foot for every linear foot of the side of the building to which it is affixed. Signs affixed to altoohed or El~ekea eane~ies BRa. marquees Yes Commercial/Industrial/Mixed Use Zones Sign Chart '1._~;j~~1Ij~~.~~lil~~1~1'(~~;W~~jF'j;;,()/?' encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. May be placed upon a building wall but shall not be attached to fencing, landscaping, freestanding posts or utility poles. Banners may be placed only on walls facing a public street or major interior drive. 1 per street 5 feet frontage allowed between the time a building pannit ;,. issued and a certificate of occupancy is obtained or any number of signs which are necessary for safety on the premises. Tem~emry sigas as pePmittea \Hider seetiaa 26 7091.. Sball not be illuminated. Must be located on tbe 1"....1"... ~J wbere active construction work is occuring. 1 time per year None forup to;l1) 60 days, or 2 times per year for up to # 30 days each time, or 4 times per year for up to 15 days eacb time. Pannitted only to advertise special events and sales, Shall be securely anchored or a_had so as to prevent dislocation, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. 1 per street 5 feet frontage allowed TeIBfJ8F81i' si~.::. <:&.) i?.:.~tted wEier seetisa 26709l. Shallnmbeillwninmed. Mu~be located on the property being advertised, I per street N/ A frontage or major interior drive per activity For uses which have a rear entry or delivery door, I nonillwnin.ted wall sign per use. 3 1'3.: ~~('.e~eQ@;~ a. Arrisle M"lIrals or yes SClIlplllres ~o a. Flags (eit)', state. ,'ies national onlY). of or!)! governlll'lntal agenCY or e/llie. charitable. religiOUS. patriotic. political. fraternal or similar nonprofit organiZation e. FlOSlUngSigns alu! INo Search LightS J. HistoriC plCUlue.. \'l eS cornerstone.. erected by the cit)' or ,,~gs~beCO~ .wllll signs ana shall be ca\eulate<i .base<l upon the 1eng1h of the wall .to which \ll.CY ate ailaChe<l or atijecen.t to. For buildings with .flat rOOfs, wall signs shall not ."a.ena \lbO~e the toP ofP"",pet or roetlSara. ana ifl'~ upon "p""..pet01'~ sbllll not ."a.ena more th8lI ' feet abo~e .the aeek line. 'No limit :None iNo :Flagpoles cannot ""c.,ed ,5 feet in he\1!1't. INO Shall not es..e<l , ~ull!C feet in . siZC, ",,^n"" Sigll Chart. ~None :None :None ~.~f(~~~>{:~L .:.:.,~, S\UlII not ad~ertlse or promote II particular .bUSln....' service or "hranded" prodnct. A compeny, {lrm, llSSOe\ntlon, society, etc.: l~o Is not considered within tbO scope ofth" dellnitlon and is considered a sign. iMnstbe wall mountOd. ~~~c~ - .... :~ 0::\~ ~e~-: ;f\agpole must .meet setback .re'l.uire11lents of .the 1J>ne district .in wbich they ll!C c(ltISlIUcted- ...---, - - . !\1loWed when l;;cated on the\! own pre!lllSCs or displeye<l Illong fIP! march or.~ toute or in sockets along anY gl1eet during e fund- reis\Ug dri'le or other s\rlli1tJ speeilll C'lent. Arrf such (\C'Iices to be pIeCed w\thin public right-of-we'J "",y oulY be eppto"le<l by cll:! council. None Allowable pro~ldea \het such designedOnS . ll!C in accordance with article Ut of the z,oniUS and pe~elOProeut code. 4 historiqal agencies designating an area or property of local historical importance g. Home Occupation Yes, as Yes Signs accessory to a residential home occupation. h. House or building Yes No address number signs i. Informational Signs Yes No Accessory to the Primary Use j. Political Campaign Yes No Signs k "Roomlor Rent" Yes No Sign I. Roof Signs No m. Temporary Yes decorations or displays when such are clearlx associated with any national, local or religious holiday or celebration No II. Traffic Control or Yes Regulatory Signs No Maximum of 2 square feet in size. NIA 4 square feet per side. If freestanding. shall not exceed 36 inches in height ifwithin a required sight distance triangle, or 48 inches where outside of a sight distance triangle. If an organization logo is incorporated into the sign, the logo shall not exceed 1 square foot in size. 16 square fbet 2 square feet No limit No limit Commercial/Industrial/Mixed Use Zones Sign Chart 1 per home C)ccupation NIA No limit No limit 1 per vacant unit No limit No limit 5' if freestanding N/A None None None None None "!;i':;; "<"', ~:';;,"'" May be freestanding or wall mounted. Allowed only on properties located on arterial streets. Must meet the provisions of Chapter 26, Article N, Sec. 26-4l9C. (Le. "restrooms:' ~no smoking," "wheel chair entrance:' etc.), or directional (Le. "in," "out," "ramp," "drive-thru," etc.). MaybewaU.. mounted, :. _~_ding or attached to other freestanding signs or canopies, but shall not he counted against the allowable size of another type of pennitted sign. May be illuminated by intemalligh! onIy;-ifftee- sanding f:ype. Shall not be located in pnblic right-of-way or on municipally-owned ftA ~ft.... ~~. Must be on the property for which it is advertising. As required by regulatiou or statute ofthe federal, state or municipal government 5 """'''''-0'11''' ,,,~;:;;T'#" :l_,_'.:f;,s:.I' ~~:~~ ~:4\,ji"A.1').l""'"i! li"';Y'>!i~;~~;':\ Y;"~fXfi;;,n~;.d Only . WkC~:= for currently ,ignage ucensed> opetaUv. ,vehicles ,which llte ,-ptil'nllrilY ,used by its oVlller for sot'lice, deUVer)' ot general ,tralls-por\ldion on a ragulllt ,basis. ~lfJ1!1Jl!i~~:"':~".2 ~ann';'otte!llP;,~ signs ~ed to ,vehicles are not allowed. ,N/A. 11'10 Sign Shill not obstrUct rooreman ,~ ~"a"",Z5 percent of me door orwindowarea- :tol1A. p. W/lldoW or Door f'l es Signs q. MenulJoa;.d!Drwe ~ oS r 30 s<\uare feet -per sign. Shall not \2 -pet cotnlllerciiii \10 feet froro tight- r''''''-< ~vity of-w"'i Through Directory free5lllllding. If an Organi7Jl!io""l Signs logo in incor-porated into me sign, me logO shall not ""coed 1 s<\uare foot in size. 1. order conlirmationjies ~es 3 s<\uare feet pet sign. Shall not 1 per drive throUgh 10 feet from right- \""ceed.\. feet in height. lane of-waY BoardS 6 , . ,_~ 7nneS Sign Chart elsewhere, Lot 7 can be developed in accordance with applicable zoning regulations." The motion passed 8-0. B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. -~ The case was presented by Meredith Reckert. She distributed a proposed amendment by staff regarding reader-board menus. She reviewed the staff report containing proposed amendments to the sign code. Previous suggestions made by the Commission were incorporated into the proposed amendments. In response to a question from Commissioner McMILLIN regarding the length of life for cabinet signs, Ms. Reckert stated that in talking with a sign company representative, she learned that the life depends upon the quality of construction. Nonconforming signs can stay until changes are requested. Commissioner SCEZNY questioned the value of making, a differentiation between natural causes or vandalism in the destruction or removal of more than 50% of a nonconforming sign. There was discussion regarding a possible requirement to replace nonconforming signs regardless of the reason they are destroyed. There was a consensus of the Commission that it is very important to consider sight triangles when placing signs at signalized intersections. During discussion of banner regulations, Commissioner McMILLIN conunented that he was surprised there have been no conunents from the business conununity regarding limitation on banners. Chair PLUMMER invited conunerits from those in attendance. Milton Tedford Mr. Tedford ""1"".sed concern about rental property which he constructed about twenty years ago south of 44lh on Moore. The city granted a temporary sign pennit and, for the past twenty years he has had a sign on private l',vl'".;jlocated at 44th and Moore. He has an agreement with the property owner for placement of the sign. He stated the sign is crucial in obtainiitg tenants for his 52 rental units on Moore. On August 3, 2004, be received notification from the city that the sign was in violation because it was an off-premises sign. His suggestions to remedy the situation included: (I) that his sign be grandfathered; (2) that the sign code allow property within 100 yards of a main arterial street to have off l',.....ises signage; and (3) twenty years with the sign in the same place should be supported under the statute of limitations. He submitted photos of his l',vl'''';j and other off-premises signs along West 44th Avenue. Ms~ Reckert conunented that while there was evidence that a temporary sign pennit was issued in 1985, there are no records showing that it was ever renewed. Planning Commission October 7, 2004 Page 4 ATTACHMENT 2 Nancy Snow 11155 West40lh ! Ms. Snow 4-Ay,,,",Sed concern about large balloons that block views of mountains and excessive i pennants and banners that clutter up the city and detract from landscaping. She agreed with a height limit for balloons but would like to see a size limit, also. She would also like to see a limit on the size and number of streamers and pennants. She also pointed out that flags are not defined in sign code and there is no limit on their size or number. She would like to see a limit on the number of political signs to eliminate several signs in one yard for the same candidate or issue. There also needs to be a definition in the chart for changeable signs. Gretchen Cerveny . Ms. Cerveny testified as the city's mayor and former small business owner. She stated that part of the attraction of Wheat Ridge is its eclectic nature. City revenues come from use and sales taxes and business licenses and therefore the sign code should be supportive of businesses. Small businesSes often have very limited resources and banners and pennants are inexpensive ways to advertise. She Sl..yyv,;.::d a limitation on the number of temporary permits since small business owners have a hard time leaving their businesses to keep getting permits and the city is limited on hiring people to keep track of the permits. She favored allowing businesses to have at least one banner. She suggested educational efforts to inform small business owners about signage. She favored a sign code that is flexible and that will honor the diversity of Wheat Ridge., .", There was a consensus of the Commission that the sign code needs more consideration. Staff will also survey surrounding jurisdictions regarding their sign codes. i. .. . It was nloved by Commissioner McNAMEE and seconded by Commissioner WESLEY to continue Case No. ZOA-03-18 to a date uncertain. The motion passed 'unanimously.. .9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no Commission reports. 11. CO~.lU .l~EAND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner CHIL VERS and seconded by Commissioner STEWART to adjourn the meeting at 10:02 p.m. The motion passed unanimously. It Phil Plummer, Chair. Ann Lazzeri, Recording Secretary ';1 Planning Commission October 7, 2004 :,j Page 5 . the recently installed city lighting, such as along 38th Avenue, iJlega! and cause a financial burden to the city for lighting replacement. Commissioner McMILLIN commented that the ordinance won't require replacement of the lights, but any new lighting would have to conform to the ordinance. Mayor C",. . ",..j stated that she would like to see any new lighting look the same as that already installed. Chair PLUMMER commented that shields could be placed on existing lights without a great deal of expense. New lighting could look the same and still conform to the new lighting standards. There was discussion about giving direCtion to staff to research and report on options for ,,,,;:',,t:tting existing street and pedestrian lights . ' It was moved by 'Commissioner McMILLIN and seconded by Commi""\oner WESLEY that the ordinance be amended under Section E, 1 "Parking LOtS" to read: Maximum foot-candles shan not exceed ten (10) foot-candles for parking lots measured as an average of readings taken directly under a main lighting standard and directly betWeen two lighting standards in the interior of the parking lot. The motion passed 3-2 wi~ Commissioners CBILVERS and SCEZNEY voting no' and Commissioners ~1J!,vf.ART and w 1.1 1. absent. -../. . .Jt was moved by C. ",.., ,'ssioner McMILLIN and seconded by Commissioner WEsLEY. that Case No. ZOA-93-18, proposed amendinen~ ,to Chapter 26 of the Wheat Ridge Code .of Laws ~egarding the sign code, be approved with the 8D1endmentto Section E, 1. The motion passed 5..0 with Commissioners STEWART and WITl' absent. ' B. Case No. ZOA..o3-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. . This case was presented by Meredith Reckert. There was jurisdiction to hear the case and Ms. Reckert reviewed the staff ."'t'v... -, Time limits on the display of politic31 signs and number of signS allowed per candidate or issue were diScussed and whether or not time limits wo~ld.infringe upon freedom of speech. Commissioner WESLEY suggested that the city attorney research case law regarding s!lch limitations and their relation to freedom of speech. Amortization for nonconfonning signs was discussed. Commissioner CHIL VERS commented that it is important to reach a long-term solution to nonconfonning signs in the city.' Commissioner WESLEY suggested defining political CaIlJ.paign signs which would be different than political signs. Chair PLUMMER asked to hear from members of the public. Planning Commission Januaty 20, 200S Page 3 ATTACHMENT 3 Gretchen C.. , .~J 3425 Moore Street Mayor CeIVeny asked for.more clarification regarding flags, pennants and streamers. She asked if flags on nibt poles along 38th, balloons such as those on dealership automobiles, and streamers such'as on Casey's RV were allowed under the proposed ordinance. Ms. Reckert explained that the 38th A venue business district and holiday flags are pennitted under the flags for non-profit .....o"'.:zations or holiday decorations categories of the regulations. The streamers similar to those at Casey's RV are allowed up to 30 days per year; The balloon regulations apply to large adverti,sing balloons and' not small balloons such as those attached to automobiles at dealerships. It was moved by Commi"Sioner McMILLIN and seconded by ConunisSioner CIllL VERS that Case No. ZOA-03-1,8, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws reganJing sign coo,e, b.e (orwarded to City Council with a r~minendation of , approval for the followin~ reasons: 1. The changes will ~.. r a" I , readability and understanding of the sign code. 2. Tbe changes deal more eff....4. .1y with negative effects of exterior lighting on adjacent properties. . With the following conditions: , , ^ 1. Accept OptiollB amortizing nonconfcmnities over a five-year deadline and eIiQJinating seCti~n (B) of Option B pertaWng to discoittiDued bnsinesses. 2. - The city ..:: .....ey will research case law r.egarding time limitations for po!itical campaign signs as they relate to free speech. 3. 1:he category for "Pennants, streluners, and similar devises" be expanded as discussed. The motioll passed 5.0 with ConunisSioners STEWART and tr 111 abse~t. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission ''''l'v,;''. 11. COMJ\..o.l I,JJ.E AND DEPARTMENT REPORTS There were no committee and department reports. Planniog Commissioo January 20, 2005 Page 4 April 01, 2007 Some thoughts related to the Wheat Ridge Sign Code. 1. Encourage the display of public art by not automatical/v considering "art" as "signage" when its' subject directly or abstractly relates to the business that is displaying it. For example: A cat hospital displaying at its front door a large sculpture of a kitten with a ball of twine, or a green dinosaur statue at a Sinclair station, should not have the square feet of the sculpture subtracted from its' allotted "signage", The appropriateness and allowability of the "art" could be determined by the Board of Adjustment, but on the basis of its' art component rather than the current "excess signage" perspective. 2, Encourage "icon" type signage, Example: A coffee shop sign with a cut-out of a coffee cup (the icon) standing above it, or a vision clinic with a pair of eye glasses hanging under it, a gift store with a gift box attached to the sign, etc. These icon signs work well for the business and for the passing customer, and allow a point of visual interest to the shopping area without adding to the clutter of conventional signage. Allow within limits, that the icon portion of the signage not be included in the total calculation of allowable square footage. 3. Discourage the use of excessive banners and other temporary signage, as currently occurs in particular at liquor stores and taverns, Possibly just enforce the current code, 4. Allow some type of "home business" signage, If code described design criteria are applied to these signs they would not be "objectionable" at all, and would add to the value of the business to the surrounding community and therefore the viability of the business and the city sales tax base, The compatibility or lack of compatibility of the signage to the neighborhood could easily be determined by the Board of Adjustment, 5, Take a good objective look at the current prohibitions related to "moving", "flashing", etc, components of the current code. I feel that the broad assumptions related to citizen "safety" are far too weighted from the perspective of myth and urban legend rather than actual data and science. I feel that some motion component could be allowed in select cases and or locations. 6. Take a good look at the visual "clutter" being caused by the city itself in its' ever- growing number of traffic signs related to warnings, cautions, and other "necessary" "information". Tom Abbott 10780 W. 35lh Ave. Wheat Ridge, CO ATTACHMENT 4 J /" 4." .... ...... . ....' "- --,-..",':;- :" --"'\'- . . Service "'bove Self WHEAT RIDG.E ROTARY CLUB P.O. Box 616 WHEAT RIDGE, CO 80034 ,~~~~ June !;i, 2007 Ms. Meredith Reckert San.ior Plariner. . . . Wheat Ridge Community Development Department '7!;iOO W. 29th Avenue . . , Whe?tRidge, Colorado 80033 Ms, Reckert, ori Marcil 22. 2007, theWhe"lt Ridge Rotary Clul) was granted a variance by. the Board of Adjljstl}1ent to aliowa semi"pU!>lic sign on the ,site oUhe Wheat~idge R":;',,,",,,liorrCeme~aniiouncmgthe Wheat Ridge Rotary Club's",.! ..o!:,.....:.:..~.:.,. day of the week arid m~ting time. The current ordinance allows two semj.:.public Sigrls;with the variance the Rotary Clul> will havetljree; . . . . . . . - . , ' Acondition Qfthe BOA "'..r<.!~n;il 'Nasthclt ~RCJtaiyClub 4\"~".ach theC,ily Council to consider alloWing additiona1lilemi-pul>licsignage. More specifically, itlat""fbe, Wtteat.Ridge R(),tary GlIAl:), \Yill appr~th city'ColJncil to con~ider ." n;iOdifyillgthiS (jrdinancetowardthe benefit of all other organizations affected bythisorditlanee":, . ... !." ," . , " . . Th~ letter is intern:JeiJ tofulfill.tf)e condition of approv?l. Therefore, the vVhe~t Rid~ Rotary Cillb stronglyenchura~est!1e City Council to c6nsiderincrealiling the pemiitt~ number of SElmj.:.pul:I'ic sig~ from twQ to three. . ~espectful!Y sub.mittecJ, M,jit~, Waltpettit Pi"esiderit . , 0> .,.J : ".-... Wheat Ridge Rotary Club ATTACHMENT 5 ROT~RY FOUR-WAY TEst .Of /he thingsweThink. Say or 00" . . 1.10 Rthe TRUTH? 2. Is it FAIRlo all concem!>d1 3. Willilbuild GOOliWlLLand !lETTER FRIENDSHIPS? 4. Will R beBEN~FICI~L to all con~m!>d1 City of Wheat Ridge Community Development Department Memorandum "' TO: FROM: SUBJECT: DATE: City Council Meredith Reckert Sign code amendments July 11, 2007 The following is research based on questions relative to what other cities do brought up at the June 11,2007, City Council meeting. Not all cities' sign codes addressed every provision. Political signs: Per the City Attorney's office, add a provision that political campaign signs be removed within 7 days of an election. No limitation on when they can be put up. Proposed in ordinance: No limitation on when signs can be put up or taken down. Staff recommendation: Amend per City Attorney's recommendation. Portable (femporary) signs: · Arvada: One sign per building regardless of# of tenants, except in Old Town where the limitation is no more than one every 25' - 8 s.f. per side, 4' height max · Lakewood: Prohibited in all zone districts · Golden: Counted toward signage allowed on property - no specific size max · Littleton: One per commercial business; 8 s.t:, 4' height max Proposed in ordinance: Two per development or multi-tenant building. Staff recommendation: Amend provision to allow one per business. Light copy on dark background: · No cities polled require light copy on dark background. Proposed in ordinance: Require light copy on dark background. Staffrecommendation: Eliminate requirementfor light copy on dark background. Signs turned off at night: · Arvada: Requires sign lights to be turned off in limited office areas. · Lakewood: No restrictions for illumination in commercial, office and industrial zones. · Golden: No restrictions for illumination in commercial zones. · Englewood: No restrictions for illumination in wu"uercial and industrial. Proposed in ordinance: All sign lighting turned off one hour after business closure. Staff recommendation: Eliminate requirement for signs to be turned off at night when businesses are closed. Number of semi-public signs allowed per organization: · Golden: One or more as determined by CD Director Proposed in ordinance: Two per semi-public organization. Staff recommendation: Keep "as is" - two per semi-public organization. ATTACHMENT 6 I Home occupation signs: · Arvada: Permitted in all districts - one s.t: max size, max height of 8' , no lighting . Lakewood: Permitted in residential zones -1.5 s.t: max size, max height of8, attached to home . Golden: Permitted - two signs per dwelling; 7 s.t: max, non-illuminated; 4' height max . Littleton: One permitted -Three s.t:, non-illuminated . Englewood: One permitted - One s.t:, attached to building, non- illuminated Proposed in ordinance: Allowed only on arterial streets Staff recommendation: Allow one in all zones regardless of street classification with size limitation of two sf May be wall-mounted or freestanding. 2 ~..."".g.;.r " "', '- a - Q " ~ @OR'og ITEM NO: 4-, REQUEST FOR CITY COUNCIL ACTION -. COUNCIL MEETING DATE: . July 23,2007 TITLE: ACCEPTANCE OF THE 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) ~~~t:~J~i~!,~:, . .'0 . .;, ,~. ;'.;' i,' . "Yes ~ No ~!':,:,., ,'~" City ~anagC ~ Section 10.15 ofthe Municipal Charter for the City of Wheat Ridge requires that an independent audit be performed annually of all City accounts. The CPA firm ofSwanhorst & Cv...p"uj, LLC performed the audit of the City's financial statements for the year ended December 31, 2006. As is reported in the attached Management Letter from Swanhorst & Company, the following conclusions were reached from the audit: 1. "We noted no transactions entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus." 2. "We evaluated the key factors and assumptions used to develop the estimates in determining that they are reasonable in relation to the basic financial statements taken as a whole" 3. "We provided management with a schedule of audit adjustments. In our judgment, none of the adjustments we proposed, whether recorded or unrecorded by the City, either individually or in the aggregate, indicate matters that could have a significant effect on the City's financial reporting process." 4. "We are pleased to report that no such disagreements [with management] arose during the course of the audit." 5. "We encountered no significant difficulties while performing the audit." A representative from Swanhorst & Company will be at the July 23, 2007 City Council meeting to present the 2006 CAFR to City Council for acceptance. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: For the year ended December 31, 2006, the auditors have made the following recommendations: 1. "The City's policy requires that itemized receipts be provided for purchasing card transactions, where applicable. We found several instances where itemized receipts were not on file. In addition, the approval procedures for purchasing card transactions were changed during 2006. As a result, the City does not have adequate internal controls in place to ensure all purchases are ,"pp.v,ed and are supported by adequate documentation. In addition, purchases by department heads are often approved by a subordinate, which is not a good internal control. We recommend that the City review the policies and procedures in place over purchasing card transactions and revise them where necessary to ensure the City's risk of error or fraud is at an acceptable level. 2. During 2006, the City Council approved supplemental budget expenditures for the Open Space Fund, which represented prior year encumbrances that were not spent. However, this resulted in a final budget that had approved expenditures in excess of the resources available, including revenues and fund balance. We recommend the City monitor supplemental budgets closely to ensure compliance with State statutes. 3. By December 31, 2007, the City will be required to report in its financial statements all infrastructure assets owned by the City, such as streets, trails and bridges. The City has begun the process to identify and value these assets. However, because of the significant staff resources involved in this process, we wanted to remind you of the deadline for this new accounting standard. 4. The City has historically had a decentralized process for tracking grant revenues and expenditures. This makes it difficult to identify and report these grants. We recommend that the City establish a procedure whereby one person or department monitors all grants received by the City. This will ensure that all reimbursements are received timely and reporting to oversight entities is accurate." Staff agrees with and supports the recommendations from Swanhorst & Company LLC. Procedures are currently being identified to address each recommendation. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: The contract for audit services with Swanhorst & Company, LLC is for an amount not to exceed $19,000 which was budgeted as part of the 2007 budget. RECOMMENDED MOTION: "1 move to accept the 2006 Comprehensive Annual Financial Report from Swanhorst & Company, LLC." or, "J move to deny acceptance of the 2006 Comprehensive Annual Financial Report from Swanhorst & Company, LLC for the following reason(s) " Report Prepared by: Linda Stengel, Accounting Supervisor Reviewed by: Patrick Goff, Deputy City Manager Attachments: 1. 2006 Management Letter 2. 2006 CAFR ITEM NO: 5, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 23, 2007 TITLE: RESOLUTION 28-2007 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE COUNTY OF JEFFERSON FOR COST-SHARING OF IMPROVEMENTS AT THE I-70/32ND AVENUE INTERCHANGE o PUBLIC HEARING o BIDSIMOTIONS IZI RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: 0 -z:;/ Z Public Works Director IZI No Ci~~~ EXECUTIVE SUMMARY: The February 28,2007 1-70/32nd Avenue Interchange Finding of No Significant Impact (FONS1) identified many improvements to the regional transportation system in the vicinity of the Interchange. The FONS1 also included a funding plan, which incorporated a $2,500,000 contribution by Jefferson County for proposed improvements on and adjacent to 32nd Avenue. The proposed Intergovernmental Agreement (lGA) provides forreimbursement by Jefferson County for a proportional share of costs of the 32nd Avenue improvements, not to exceed $2,500,000. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: During development of the Environmental Assessment of the 1-70/32nd Avenue Interchange Improvements, Jefferson County, Cabela's, Coors Brewing Company and the City negotiated a cost- sharing agreement for the proposed improvement of32nd Avenue from Wright Street to Alkire Street, including widening of the street under the 1-70 bridges. The attached Intergovernmental A5'",,,,,,,ent reflects the level of contribution by Jefferson County, the Longs Peak Metropolitan District and the INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (this "Agreement") is made and entered into this _day of . 20_ by and between the COUNTY OF JEFFERSON, COLORADO, a body politic and corporate (the "County"), and the CITY OF WHEAT RIDGE, COLORADO, a municipal corporation and home rule city of the State of Colorado (the "City"), collectively referred to herein as the "Parties." RECITALS A. The Parties, together with the Colorado Department of Transportation ("CDOr) and Longs Peak Metropolitan District ("District"), desire to participate in the design, surveying, engineering, construction, inspection, materials testing and right-of-way acquisition required for certain improvements at the interchange of 1-70 and 32"0 Avenue (the "Improvements"). The Improvements shall consist of the following: 1. Safety improvements in the school zone along 32"0 Avenue adjacent to the Manning and Maple Grove Elementary schools; 2. The widening of 32"0 Avenue to accommodate traffic needs between Alkire Street and Wright Street, including modification of the existing 1-70 bridges over 32nd Avenue; 3. Modification and improvement of the Youngfield Street 1 32nd Avenue intersection, and; 4. Modification and improvement of the Zinnia Street 1 Cabela Drive 132"0 Avenue intersection, B. The Improvements will provide significant benefits to the County and the City and their residents through improved access for existing and future developments within the area. C. The Parties desire to provide funding, in full compliance with the requirements of Article X, Section 20 of the Colorado Constitution ("TABOR"), for the construction of the Improvements in order to facilitate the prompt completion of such construction, AGREEMENT In consideration of the foregoing premises, and the covenants, promises, and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The Parties will work cooperatively with COOT to obtain approvals of the design of the Improvements, generally in conformance with the February 28, 2007 1_70/32"0 Avenue Interchange Finding of No Significant Impact (FONSI). The District will construct the Improvements in accordance with all applicable requirements of COOT, the County and the City and in accordance with the Intergovernmental Agreement between the City and the District dated December 11, 2006. Additional agreements may be needed between the Parties, the District and others to construct the Improvements, and the Parties will cooperate with one another to address such issues. Neither Party will approve the deletion of or significant change to any of the Improvements without the prior written approval of the other Party, In the event the City breaches the preceding provisions, then the County shall be entitled to refund of any monies that it contributed pursuant to Paragraph 2 below. 2. The FONSI estimated that the total cost of the Improvements will be $11,543,000, including the design, surveying, engineering, construction, materials testing and right-of-way acquisition, to be paid as follows: (i) The City will provide funding in the amount of $3,268,000. (Ii) The County will provide funding in the amount of $2,500,000. (Iii) The District will provide the balance of the funding, estimated to be $5,775,000. Of its total $2,500,000 obligation, the County will provide $1,250,000 by December 31, 2007 provided that the City has contributed at least $1,634,000 and that the District ATTACHMENT 1 1 By: County Clerk Approved as to Form: By: Jean L. Ayars, Assistant County Attorney By: Jim Congrove, Chairman Board of County Commissioners 3 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 Series of 2007 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMEMTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE COUNTY OF JEFFERSON FOR COST- SHARING OF IMPROVEMENTS AT THE I-70/32ND AVENUE INTERCHANGE WHEREAS, the City Council wishes to provide for the construction of certain street improvements on and adjacent to 32nd Avenue; and WHEREAS, the City has negotiated an agreement with the County of Jefferson, for the purpose of sharing in the costs of improvements to 32nd Avenue, and; WHEREAS, the cost of improving 32nd Avenue has been approved through project authorization, and NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A!!Ieement Aooroveq. The agreement between the City and the County of Jefferson for cost-sharing of improvements to 32nd Avenue at the 1-70/ 32nd Avenue Interchange, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this 23rd day of Julv. 2007. Jerry DiTullio, Mayor A TIEST: Michael Snow, City Clerk AT I ACHMENT 2 Item 1. h~!'~~~ CITY COUNCIL STUDY SESSION MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Julv 23. 2007 After regular meeting adjourns Presentation of Wheat Ridge Marketing Logo Designs. City of Wheat Ridge Administrative Services Department Memorandum TO: The Honorable Mayor and Members of City Council THROUGH: Randy Young, City Manager Patrick Goff, Deputy City Manager FROM: Heather Geyer, Assistant to the City ManagerlPublic Information Officer DATE: July 17, 2007 SUBJECT: July 23, 2007 Special City Council Study Session Following Regnlar City Council Meeting: Presentation of Wheat Ridge Marketing Logo Designs On July 16,2007, Communication Infrastructure Group (CIG), the Marketing and Branding Project Consultants, presented City Council with the "Wheat Ridge Marketing Logo Development Research Findings and Recommended Message Concepts." City Council consensus was to move forward with the presentation oflogo designs at the July 23, 2007 special City Council Study Session. CIG will present three logo designs in addition to color at this meeting. For this meeting, staffwill be seeking direction and consensus from City Council on the logo designs in order to move into the public input phase of the project. Please feel free to let me know if you have questions prior to the July 23rd meeting. Ihg